Visually Disabled Gamer Sues SOE

The inclusion of accessibility features in games – closed captioning, reconfigurable controls, high-contrast modes and so on – is often overlooked within the gaming industry. This happens for a variety of reasons, including an intentional marginalization of disabled gamers due to a misguided cost/benefit analysis. There are a handful of developers that have made marked improvements in the area of video-game accessibility the past few years, but it appears that some gamers aren’t willing to wait for a gradual change to occur within the industry. One such gamer is making the move and demanding that bigger, more substantial changes be made.

Alexander Stern, a visually disabled gamer, is taking legal steps to facilitate change. As reported by GameSpot, Stern filed a suit against Sony, Sony Online Entertainment, and Sony Computer Entertainment America alleging that Sony is infringing on the Americans with Disabilities Act by not including features that make games accessible to visually impaired gamers. It is worth noting that “visually impaired” doesn’t solely refer to blindness, but low-vision and even colorblindness. The act, implemented in 1990, was crafted to shield Americans with various disabilities from discrimination of goods, services, facilities, privileges, advantages and accommodations.

Stern had evidently sent repeated requests to Sony asking for reasonable modifications (specifics have not been disclosed) to make their products more accessible. No explicit SOE games were called out, but it’s obvious that it refers to massively multiplayer titles. The suit makes a point to call out other games, such as World of Warcraft, allow for the use of mods that aid in accessibility. It also highlights the PC game Terraformers, which includes a high-contrast mode and audio compass.

Sony asserted that they don’t comment on litigation that is still pending, but we will keep you up to date as the events unfold.

For more information on video-game accessibility (including a breakdown of features that help the visually disabled) check out our feature here.

Since Megan brought up the fact of all of us losing certain abilities as we age, I think I should mention the case of a friend of mine.

This man is extremely intelligent, able to converse about pretty much any subject AND (this is important) able to listen to what others are saying and modify his opinions if he hears something worthwhile. I'm always surprised how many people lack that basic capability.

He's done a lot over his life, and picked up a lot of interests. One is video games. In the past few years, he has endured several serious diseases and a lot of surgery. A lot of the things he could do, he can't anymore, and among them is video games.

To be honest, I forgot the exact reason, but it is due to a type of eyesight problem stemming from one of his surgeries.

My friend did not always have these problems, and they have constituted a major lifestyle change. Reading between the lines, it seems a lot of people do not see that these sorts of things could one day happen to them. No one likes to think about that, of course, including me.

But my friend was healthy as an ox his entire life. Healthy now does not mean healthy always. Any of us could easily one day want for the things that many of us don't seem to think this man should have. Books, movies and TV all have reasonable accomodations for the disabled. If we want to think of gaming as ever having a permanent place in society as more than just a distraction, it needs to adapt to the times...in all regards.

I don't like the taste of Tylenol, so I'm gonna sue the makers for not making it taste good.

This guy can't play games? Too bad for him. Get a new hobby. He doesn't care about the games, he just wants money. He thinks a huge mega-conglomerate like Sony is going to listen to his insignificant ass? Yeah, right. This will never make it to court.

I actually have a visual impairment myself, and even I think he's gone too far.

One of my eyes are near-sighted, while the others far-sighted.

Thus, my eyes are constantly blurring, focusing, blurring, refocusing, etc. That can be very difficult when I play first-person shooters, for my eyes will begin to water after so much refocusing.

I am not angry at developers for my problem. I just found easier genres for my eyes, like RPG's that often have a menu that you can focus on.

I'm also obsessive compulsive and cannot tolerate games that are not linear in plot (sandbox games). I am not suing companies for not accommodating for my disorder, but instead look for games that contain the linear gameplay that I prefer.

Instead of suing, trying to make money, he should seek solutions, or find games that are easier for him to play that he likes. Accessibility is good, but shouldn't be enforced.

On one hand, I can see where this guy has a legitimate complaint; being unable to play games due to a disability would be very upsetting. On the other hand, the videogame industry is a serious industry and Sony is intitled to run their company however they see fit (as long as it is within the law). However, by not including these features, Sony is simply hurting itself by cutting out a small but, potentially, potent demographic and allowing allegations like these to be filed against them.

let the man sue! this is America, ***. you would sue if it meant getting an easy buck so stop being hypocrites!

besides, he is suing to make sure the industry makes more (hopefully all) games playable to the disabled (i hope so...). if i was deaf, i would love for the game to have subtitles! i would keep going but it's late and my thoughts/ideas are scrambled and that is all i have...

No, no, no no... Many of you replied that Alexander Stern had the right to play games. Wrong! He has the right to purchase games. Specifically he has the right to purchase games that are within his ability to play. I could make all kinds of analogies to prove my point, but this guy is ridiculous.

Believe it or not there are things in this world that are a privilege and not a right.

This guy is either looking for 15 minutes of fame or trying to milk Sony. As it was mentioned before, it is pretty stupid to sue just one of them if every other company falls into the same category. Maybe he just hates Sony... :)

Im in programming now @ school and honestly he doesnt realize how difficult a task it would be to write even more into every single video game. They are written with multi-dimensional arrays... the programmers have to be able to cover every single action you could possibly make; and then to have to basically double the amount of coding it would take to make a quality game for those with these handicaps..ouch..if sony had to adapt each and every video game to make it where each type of disablilty could play kiss $60 releases goodbye. Im sorry dude but we cant always get everything we want.

Stupid, Stupid, sue-happy ignoramus! Is he hoping for a payoff, trying to create negative press?! People should learn to generally appreciate what they have and what they can do... God forbid he loses his pointer fingers...

This guy doesn't have to be blind. There are many types of visual impairment. I have a friend who is colorblind and while he can play games it is hard for him to play multi-player games because most of the time he cannot differentiate between his team and the other. I really don't see how it would be that hard to add a "colorblind mode" that changes the colors to something that would make it easier for him to see. Would that change the game and give him an advantage over everyone else? I don't think so. So quit complaining that this guy has a visual impairment. Colorblindness affects 5-10% of males. That is a one in ten chance that it could be you unable to enjoy your games because somebody didn't think to include something for you.